Information Centre · Wills & Estate Planning
Who Will Care for Your Pet When You Die?
Pets cannot inherit under Australian law — but a well-drafted Will can still make sure they are loved, fed and cared for when you are no longer able to do so yourself.
For many Australians, pets are more than animals — they are cherished members of the family. Yet while most people take steps to provide for their loved ones through a Will, many overlook an important question: what will happen to their pets when they are no longer here to care for them?
Unlike spouses, children and other beneficiaries, pets cannot inherit property under Australian law. In legal terms, a pet is regarded as personal property and cannot receive a gift directly under a Will.
This does not mean, however, that you cannot make arrangements for your pet's future.
Choosing a Trusted Carer
The most effective way to protect your pet is to identify a trusted person who is willing and able to care for them after your death. This may be a family member, friend or another person who already has a relationship with your pet and understands their needs.
Before naming someone in your Will, it is important to discuss the arrangement with them and ensure they are prepared to accept the responsibility. Caring for a pet can involve significant commitments of time, attention and expense, particularly for animals with long life expectancies or ongoing health needs.
If you are considering a rescue organisation or animal welfare charity, you should contact the organisation beforehand to confirm whether it offers rehoming or care services that align with your wishes.
Providing Financial Support
Many pet owners wish to leave funds to assist with the ongoing care of their animals. While Australian law does not permit a pet to be a beneficiary in its own right, your Will can include provisions that leave money to the person caring for your pet, together with guidance about how those funds are intended to be used.
In some circumstances, a carefully structured testamentary trust may also be considered. Such arrangements require specialist drafting and ongoing administration and may not be appropriate in every case. Professional advice should be obtained before including these provisions in your estate plan.
Recording Your Wishes
A Will can do more than simply nominate a carer. It can also record important information about your pet, including:
- feeding and dietary requirements;
- veterinary and medical needs;
- behavioural issues or special care requirements;
- preferred living arrangements; and
- any specific wishes regarding ongoing care.
Providing clear instructions can assist your executor and the nominated carer to make decisions that reflect your intentions.
Why Specialist Advice Matters
Every family situation is different. The most appropriate arrangements will depend on factors such as the type of pet, its age, expected lifespan, ongoing care requirements and the availability of suitable carers.
Obtaining advice from an experienced wills and estates lawyer can help ensure that your wishes are properly documented and that practical arrangements are put in place to protect your pet's welfare.
At Parke Lawyers, we regularly assist clients to incorporate pet care provisions into their estate planning strategies, providing peace of mind that beloved companions will continue to be cared for when they are no longer able to do so themselves.
Your pet depends on you throughout its life. Including appropriate provisions in your Will can help ensure that care continues when it matters most.
Wills & Estate Planning
Arrange a Wills & Estate Planning Consultation
Speak with a Parke Lawyers estate planning specialist about including your pet in your Will. Confidential consultations are available in Melbourne CBD, Ringwood, by telephone or by video.
This article is general information only and does not constitute legal advice. Please obtain advice tailored to your circumstances.